- 1 - NC: 2025:KHC:9239 WP No. 24101 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 24101 OF 2024 (GM-CPC) BETWEEN: 1. SANNAMMA DEAD BY HER LR’S VISWANATH S/O LATE GOVINDE GOWDA AGED ABOUT 46 YEARS 2. UMESH S/O LATE GOVINDE GOWDA AGED ABOUT 44 YEARS 3. PRABHAKARA S/O LATE GOVINDE GOWDA AGED ABOUT 42 YEARS 4. PURUSHOTHAMA S/O LATE GOVINDE GOWDA AGED ABOUT 42 YEARS 5. JAYAMMA D/O LATE GOVINDE GOWDA W/O RANGE GOWDA AGED ABOUT 50 YEARS 6. LAKSHMAMMA D/O LATE GOVINDE GOWDA W/O SHIVANANJE GOWDA AGED ABOUT 48 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9239 WP No. 24101 of 2024 7. KAMALAMMA W/O LATE VENKATTE GOWDA AGED ABOUT 40 YEARS ALL ARE RESIDING AT GOLLARAHOSAHALLI VILLAGE CHANNARAYAPATNA, KASABA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573116. …PETITIONERS (BY SRI. GANGADHARAIAH A N., ADVOCATE) AND: 1. MANJE GOWDA S/O NANJE GOWDA AGED ABOUT 58 YEARS 2. SURESH S/O MANJEGOWDA AGED ABOUT 26 YEARS BOTH ARE RESIDING AT GOLLARAHOSAHALLI VILLAGE CHANNARAYAPATNA, KASABA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573116. …RESPONDENTS (BY SRI.G.R. VENKATESH MURTHY., ADVOCATE FOR R2: NOTICE TO R1 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE FILE OF HON’BLE SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA, HASSAN, IN O.S.NO.73/2019 AND SET ASIDE THE IMPUGNED ORDER DATED: 05.08.2024 PASSED ON I.A.NO.11 FILED UNDER ORDER VI RULE 17 OF CPC, VIDE ANNEXURE-E AND ETC. - 3 - NC: 2025:KHC:9239 WP No. 24101 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiffs under Article 227 of the Constitution of India, challenging the order dated 05.08.2024 passed by the Senior Civil Judge and JMFC, Channarayapatna, on IA No.11 filed under Order VI Rule 17 of CPC, in O.S.No.73/2019, whereby the application filed by the plaintiffs for amendment has been rejected. 2. The plaintiffs filed a suit for declaration and injunction. On service of summons, defendants filed a written statement. On the basis of the pleadings of the parties, the issues have been framed. The parties have completed their evidence. At that time, the plaintiffs have filed this application for amendment of prayer seeking the relief of possession, in case, the trial court were to hold - 4 - NC: 2025:KHC:9239 WP No. 24101 of 2024 that the defendants are in possession of the suit schedule property. 3. The learned counsel for the petitioners/plaintiffs has relied on the judgment of this Court in the case of ARALAPPA AND ETC. vs. JAGANNATH AND OTHERS reported in AIR 2007 KAR.91 to contend that even if the suit is filed for declaration and injunction, if the plaintiff is not in the possession as on the date of the suit, in such circumstances, it is necessary for the plaintiff to amend the plaint before the judgment and seek for relief of possession. 4. From the above judgment, it is clear that, in a suit for declaration, the plaintiff can file an application for amendment of prayer seeking for possession. By seeking an amendment, it will avoid the multiplicity of proceedings. The trial court has failed to consider this aspect of the matter. 5. In view of the above, the following order is passed: - 5 - NC: 2025:KHC:9239 WP No. 24101 of 2024 (i) The writ petition is allowed. (ii) The order dated 05.08.2024 passed on IA No.11 in O.S.No.73/2019 by the Senior Civil Judge and JMFC, Channarayapatna is set aside. (iii) IA No.11 filed by the plaintiffs under Order VI Rule 17 of CPC is allowed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 48